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(영문) 의정부지방법원 2020.07.07 2019가단21095
추심금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff filed an application for payment order against C with the Jung-gu District Court 2019j116, based on the claim for the purchase price of the goods of KRW 35,54,550 against C, and the payment order was finalized at the rate of 15% per annum from February 1, 2019 (the day following the day on which the original copy of the payment order was served) to the day of full payment. 2) The Plaintiff received the above payment order from the Seoul Northern District Court 2019T District Court 2019TTB1297 to the day of full payment. 35,630,139 won per the above payment order (= principal amount of KRW 35,54,50 won) from February 1, 2019 to November 1, 2019, with the claim claim amount of KRW 4,003,539 won and the above payment order was served on the Defendant from the above claim amount to the above claim amount.

3) At the time of delivering the Plaintiff’s order of seizure and collection, the Defendant had the obligation to pay for the discretionary processing fee of KRW 93,93,257 to C at the time of delivering the Plaintiff’s order of seizure and collection. [The fact that there is no dispute over the grounds for recognition, entries in the evidence A

B. According to each of the above facts of recognition, the defendant is obligated to pay C’s obligation to pay damages for delay from the day following the date of delivery of the copy of the complaint of this case sought by the plaintiff, among the claims for processing fees against C, 40,630,139 won, for which the plaintiff received the order of seizure and collection.

2. Judgment on the defendant's defense

A. On November 11, 2019, the Defendant paid KRW 40,000,000 out of the processing fees to C. As to the remaining processing fees of KRW 53,933,257, the Defendant’s defense was notified by creditors C of the seizure of claims and provisional seizure of claims, and thus, the Plaintiff’s claim is without merit.

B. The Defendant paid KRW 40,00,000 out of the processing fees to C on November 11, 2019, and the Defendant’s global income tax on KRW 53,453,00 on the claim for the processing fees against C against the Defendant on November 13, 2019.

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